4 ms·

I'm pretty sure they have to find the downloaded files or traces of them on your machine. Just the fact that your IP did something is not enough for prosecution

I'm pretty sure they have to find the downloaded files or traces of them on your machine. Just the fact that your IP did something is not enough for prosecution (though might be enough for a search and seizure)

pavel_lishin 10y ago
Which they'll do over, what, six months? Meanwhile, you're having to re-buy all of your equipment unless you're willing to twiddle your thumbs for that time.
- Anderkent 10y ago
  Right. But given that the risk is minimal, and the cost is not 'you go to jail forever' but instead something like $500 for a new harddrive (or a couple thousand if you have a laptop and can't just get a new harddrive), it's really not worth worrying about.
adrianN 10y ago
In Germany it's enough to just have your IP. They might not get you for distributing CP without traces on your computer, but you're still liable ("Mitstörerhaftung"). But even if you're legally totally in the clear and don't mind the huge trouble of having all your gear confiscated for who knows how long, people have lost friends and jobs over accusations of CP or other crimes before.
- d0mine 10y ago
  > In Germany it's enough to just have your IP. I might understand why you should be responsible for an open Wi-Fi but "enough to just have your IP" is ridiculous. It is easy to hack a (D-Link [1]) wireless router. Why should you be responsible if somebody uses it for illegal activities? Botnets use millions of devices of unsuspecting ordinary citizens. [1]: https://hn.algolia.com/?query=d-link&sort=byPopularity&prefix&page=0&dateRange=all&type=story https://hn.algolia.com/?query=d-link&sort=byPopularity&prefi...
  - adrianN 10y ago
    IANAL, but I believe you're responsible for doing "reasonable effort" things for keeping your network secure. That might or might not include not using stuff that is trivially hackable, depending on the court and how expensive your lawyers are.
- icebraining 10y ago
  Isn't Mitstörerhaftung a concept of civil law, applicable to stuff like copyright infringement but not to crimes like CP distribution?

pavel_lishin 10y ago

Which they'll do over, what, six months? Meanwhile, you're having to re-buy all of your equipment unless you're willing to twiddle your thumbs for that time.

Anderkent 10y ago
Right. But given that the risk is minimal, and the cost is not 'you go to jail forever' but instead something like $500 for a new harddrive (or a couple thousand if you have a laptop and can't just get a new harddrive), it's really not worth worrying about.

adrianN 10y ago

In Germany it's enough to just have your IP. They might not get you for distributing CP without traces on your computer, but you're still liable ("Mitstörerhaftung"). But even if you're legally totally in the clear and don't mind the huge trouble of having all your gear confiscated for who knows how long, people have lost friends and jobs over accusations of CP or other crimes before.

d0mine 10y ago
> In Germany it's enough to just have your IP. I might understand why you should be responsible for an open Wi-Fi but "enough to just have your IP" is ridiculous. It is easy to hack a (D-Link [1]) wireless router. Why should you be responsible if somebody uses it for illegal activities? Botnets use millions of devices of unsuspecting ordinary citizens. [1]: https://hn.algolia.com/?query=d-link&sort=byPopularity&prefix&page=0&dateRange=all&type=story https://hn.algolia.com/?query=d-link&sort=byPopularity&prefi...
- adrianN 10y ago
  IANAL, but I believe you're responsible for doing "reasonable effort" things for keeping your network secure. That might or might not include not using stuff that is trivially hackable, depending on the court and how expensive your lawyers are.
icebraining 10y ago
Isn't Mitstörerhaftung a concept of civil law, applicable to stuff like copyright infringement but not to crimes like CP distribution?